Notice of initiation of an expiry and an interim review of the anti-dumping measures applicable to imports of colour television receivers originating in Malaysia, the People's Republic of China, the Republic of Korea, Singapore and Thailand
Date: 2000-04-01
Institutions: European Commission
Subjects: Asia, EU production, anti-dumping measure, import, originating product, television equipment

C 94/2

EN

Official Journal of the European Communities

1.4.2000

Notice of initiation of an expiry and an interim review of the anti-dumping measures applicable to
imports of colour television receivers originating in Malaysia, the People’s Republic of China, the
Republic of Korea, Singapore and Thailand

(2000/C 94/02)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of colour
the
(CTVs) originating
television receivers
People’s Republic of China, the Republic of Korea, Singapore
and Thailand, the Commission has received a request to review
pursuant
to Article 11(2) of Council Regulation (EC) No
384/96 (2), as last amended by Council Regulation (EC) No
905/98 (3) (hereinafter referred to as (cid:145)the basic Regulation(cid:146)).

in Malaysia,

1. Request for review

The request was
lodged on 22 December 1999 by the
producers of European televisions in cooperation (Poetic) (here-
inafter referred to as (cid:145)the applicant(cid:146)) on behalf of producers
representing a major proportion of Community production
of colour television receivers.

Community.
In the case of the People’s Republic of China,
normal value has been based on prices or constructed values
in Poland, Singapore and Turkey.

On this basis, the applicant claims significant dumping is still
taking place, or would be likely to take place, should measures
be allowed to lapse.

It is alleged that the volumes and the prices of imports from
some of
these countries continued to cause injury to the
Community industry, in particular in relation to prices which
have had a negative impact on the state of the industry.

2. Product

The product concerned is colour television receivers with a
diagonal screen size of more than 15,5 cm, whether or not
combined in the same housing with a radio broadcast
receiver and/or clock, currently classified under CN codes
8528 12 58,
ex 8528 12 52,
ex 8528 12 62 and 8528 12 66. These codes are only given
for information.

8528 12 54,

8528 12 56,

the

request

level of

Moreover,
this position would
alleged that
deteriorate sharply should measures be allowed to lapse. It is
alleged that further injury would result from a resumption of a
significant
including a
further loss of market share for the Comunity industry and a
worsening of its financial situation. It is further claimed that
this likelihood of further injury is increased in view of the large
capacity available in these countries and the mobile nature of
the production of this product.

injurious prices,

imports at

3. Existing measures

The measures currently in force are definitive anti-dumping ad
imposed by Council Regulation (EC) No
valorem duties
2584/98 (4) amending Regulation (EC) No 710/95 (5).

4. Grounds for expiry and interim review

The request is based on the grounds that the expiry of the
measures would be likely to result
in the continuation or
recurrence of dumping and injury to the Community
industry, i.e. on the continued existence of current injurious
dumping or on the likelihood that injurious dumping would
recur if measures were allowed to lapse.

The applicant has based its assessment of normal values on
domestic prices or constructed values which have been
compared with export prices or likely export prices to the

(1) OJ C 278, 1.10.1999, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 128, 30.4.1998, p. 18.
(4) OJ L 324, 2.12.1998, p. 1.
(5) OJ L 73, 1.4.1995, p. 3.

In addition, the request contains information which shows that
the various markets involved and the product,
itself, have
undergone significant changes over the last few years. This
information, together with the allegations on dumping and
injury contained in the request, has led the Commission to
conclude that an interim review of both dumping and injury
should also be carried out pursuant to Article 11(3) of the
basic Regulation.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists for the initiation of an expiry
review and an ex officio interim review the Commission
hereby initiates an investigation pursuant to Article 11(2) and
11(3) of the basic Regulation.

(a) Sampling for investigation of dumping

In view of the apparent large number of exporting producers
of the product concerned in these countries, the Commission
may apply sampling techniques, in accordance with Article 17
of the basic Regulation.

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Official Journal of the European Communities

C 94/3

if so,

In order to enable the Commission to decide whether sampling
to select a sample, all exporting
is necessary and,
representatives acting on their behalf, are
producers, or
hereby
known to the
Commission and to provide the following information on
their company or companies within 15 days of the date of
publication of this notice:

themselves

to make

requested

(cid:151) name, address, e-mail address, telephone, and fax, and/or

telex numbers and contact person,

(cid:151) the turnover in local currency and the volume in units of
the product concerned sold for export to the Community
during the period 1 January 1999 to 31 December 1999,

(cid:151) the turnover in local currency and the volume in units of
the product concerned sold on the domestic market during
the period 1 January 1999 to 31 December 1999,

(cid:151) the precise activities of the company with regard to the

production of the product concerned,

(cid:151) the names and the precise activities of all related companies
whether directly or indirectly related (i.e. companies with
which they have an association or a compensatory
involved in the production and/or selling
arrangement)
concerned,
(export
including any related importers in the Community,

and/or domestic) of

the product

(cid:151) any other

relevant

information that would assist

the

Commission in the selection of the sample,

(cid:151) an indication of whether the companies agree to their
inclusion in the sample which implies replying to a ques-
tionnaire and accepting an on-the-spot investigation of their
responses,

(cid:151) in the case of exporting producers in the People’s Republic
of China, confirmation of whether they intend to submit a
claim for market economy status
in accordance with
paragraph 5(f) of this notice.

In order to obtain the information it deems necessary for the
selection of
the
of
the
in addition, contact the authorities of the
Commission will,
countries concerned,
the known exporters and any known
associations of exporters.

exporting producers,

sample

Any other Party concerned which wishes
to submit any
relevant information regarding the selection of the sample is
also requested to make itself known to the Commission and to
submit the information within 15 days of the date of publi-
cation of this notice.

(b) Final selection of sample

The Commission intends to make the final selection of the
sample after having consulted the Parties concerned that have
expressed their willingness to be included in the sample.

Companies included in the sample must reply to a ques-
tionnaire and cooperate within the framework of the verifi-
cation visit.

If sufficient cooperation is not forthcoming, the Commission
will base its findings, in accordance with Articles 17(4) and 18
of the basic Regulation, on the facts available.

(c) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
Community industry and to any association of producers in the
Community,
to any associations of exporting
producers and importers named in the request and to the
authorities of the countries concerned.

to importers,

However, questionnaires will only be sent to the exporting
producers in the countries concerned once the final selection
of the samples has been made.

set

to grant

time limit

in paragraph 7(a) of

Exporting producers in the countries concerned which submit
a request
for an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the basic Regulation,
have to submit a duly completed questionnaire within the
general
this notice.
However, such Parties should be aware that if sampling is
applied to exporting producers the Commission may decide
not
it would be
them an individual margin if
unduly burdensome and would prevent the timely completion
of
the investigation. Exporting producers, which submit a
request for an individual margin, and importers are invited to
contact the Commission forthwith in order to be informed
whether or not they are listed in the request.
In the latter
case, they should as soon as possible, but not later than 15
days after publication of this notice in the Official Journal of the
European Communities, request a copy of the questionnaire, as all
questionnaires have to be completed within the time limit set
in paragraph 7(a) of this notice. Any request for questionnaires
must be made in writing to the address mentioned below and
should indicate the name, address, e-mail address, telephone,
and fax, and/or telex numbers of the interested Party. Alter-
natively, a request for a questionnaire can be addressed to the
national authorities of the exporting countries.

(d) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known in writing and to provide supporting evidence.

the Commission may hear

Furthermore,
interested parties,
provided that they make a request in writing and show that
there are particular reasons why they should be heard.

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Official Journal of the European Communities

1.4.2000

(e) Selection of the market economy third country

In accordance with Article 2(7) of the basic Regulation, it is
envisaged to choose Singapore as an appropriate market
economy third country for
the purpose of establishing
normal value in respect of the People’s Republic of China.
Parties to the investigation are hereby invited to comment on
the appropriateness of this choice within the specific time limit
set out in paragraph 7(b) below.

(f) Market economy status

For those exporting producers in the People’s Republic of
China which claim and provide sufficient evidence that they
operate under market economy conditions, i.e. that they meet
the criteria laid down in Article 2(7)(c) of the basic Regulation,
normal value will be determined in accordance with Article
2(7)(b)
producers
intending to submit duly substantiated claims must do so
within the specific time limit set under paragraph 7(d) below.
The Commission will send claim forms to exporting producers
of the product concerned in the People’s Republic of China
following the selection of any sample.

basic Regulation.

Exporting

the

of

6. Community interest

currently

importers,

in force,
their

the
representative

In accordance with Article 21 of the basic Regulation and in
order that a decision may be reached as to whether it would be
against the Community interest to maintain the anti-dumping
applicant Community
measures
producers,
associations,
representative users and representative consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limit set in paragraph 7(a) of this notice, make
the Commission with
themselves
information.
any information
to this Article will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

should be noted that

known and provide

It

7. Time limits

All submissions and requests made by interested parties within
the following paragraphs must be made in
the context of
writing (not
format, unless otherwise
specified), and must reach the Commission within the time
limits set below.

in an electronic

(a) General time limit

Interested parties, if their representations are to be taken into
account during the investigation, must make themselves
known, present their views in writing and submit information,
unless otherwise specified, within 40 days from the date of the
publication of this notice. Interested parties may also apply to
be heard by the Commission within the same time limit. This

time limit also applies to interested parties unknown to the
Commission and it is consequently in the interest of these
parties to contact the Commission without delay.

(b) Specific time limit for the selection of the market economy third

country

Parties to the investigation wishing to comment on the appro-
priateness of Singapore which, as mentioned in paragraph 5(e)
above, is envisaged as a market economy third country for the
purpose of establishing normal value in respect of the People’s
Republic of China, should file their comments within 10 days
from the publication of this notice.

(c) Specific time limit in respect of sampling

information relevant for the selection of the samples of
All
exporting producers
concerned should be
in countries
submitted to the Commission within 15 days of the date of
publication of this notice, given that the Commission intends
to consult Parties concerned that have expressed their will-
ingness to be included therein on the final selection of the
samples within a period of 21 days of the publication of this
notice.

(d) Specific time limit for submission of claims for market economy

status

Properly substantiated claims for market economy status, as
mentioned in paragraph 5(f) above, must be submitted in
writing within 21 days from the date of the selection of any
sample or as determined by the Commission.

(e) Commission address for correspondence

European Commission
Directorate-General for Trade
Driectorates C and E
DM 24 (cid:151) 8/3
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.